By Paul Efiong with agency report
Justice Muhammed Idris of the Federal High Court in Ikoyi, Lagos, on Wednesday adjourned to July 31 for ruling on a no-case submission filed by a former governor of Abia State, Orji Kalu, and others.
Mr Kalu alongside his former Commissioner for Finance, Jones Udeogu, and a company, Slok Nigeria Limited, are being prosecuted for alleged N3.2 billion fraud.
At Wednesday’s sitting, the defence counsel led by Awa Kalu told the court that they had filed a no-case submission dated May 28, 2018 and adopted same as their written address.
Mr Kalu also informed the court that the defence had served the prosecution a reply on point of law dated July 20 and filed July 24.
Also, during today’s proceedings, counsel to the second defendant drew the attention of the court to Section 126 of the Evidence Act that states that every evidence must emanate from the eyewitness, who will give direct evidence.
He further argued that exhibits D14 and D1 were not signed by the maker (bank), but an officer of the Economic and Financial Crimes Commission, EFCC.
The defence counsel, therefore, prayed the court to discharge their clients on the grounds that the prosecution had not proven the charges against them beyond reasonable doubts.
However, the prosecution counsel, Rotimi Jacobs, told the court that he had established a prima farcie case against the defendants.
He also told the court that he received the reply on point of law by the defendants last night.
“My Lord, what the defendants gave to me was not reply on point of law, but just arguments,” he added.
In response to the submission of the counsel to the second defendant, Mr Jacobs told the court that exhibit D14 came with a letter from the bank with reference.
He further stated that it also carried a main letter attached to it from the bank, adding that “the witness who gave evidence in respect of the exhibit was the maker.”
Mr Jacobs further submitted that he had made a clear case against the defendants and urged the court to evaluate the evidence against them, so as to take a decision.
Consequently, Justice Idris, after listening to both counsel, adjourned the matter to July 31 for ruling on the no- case submission filed by the defendants.